A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On March 3, 2010, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Changwon District Court's Seoul District Court's branch on March 3, 201, and a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the same court on May 27, 201, respectively.

On May 14, 2014, the Defendant was sentenced to a fine of KRW 5 million by the same court as a crime of violating the Road Traffic Act (drinking driving), and on September 26, 2014, the same court issued a summary order of KRW 300,000 as a crime of violating the Road Traffic Act (drawing driving).

As above, the Defendant was punished twice or more for violating the Road Traffic Act (driving) and was driving a Bracing car under the influence of alcohol content of about 0.078% in the direction of about 4 km from the site meat restaurant in the city of Gyeong-gun, Gyeong-gun on November 10, 2015 to the right side of the same Gun from the site meat restaurant in the direction of the city of the city of Gyeong-gun on November 10, 2015 without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report, a survey report on actual condition, and a report on the detection of the main driver;

1. The driver's license ledger, etc.;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and attachment of written judgments), such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Although the reasons for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures are several times due to drinking and driving without a license, the Defendant committed the instant drinking and driving without a license, and causes traffic accidents, etc., which are disadvantageous to the Defendant.

On the other hand, the defendant committed his crime.